A General Discussion about the RAD Studio End User License Agreement

Abstract: The purpose of this article is to try to clear up a few of the common issues that arise when people read the RAD Studio EULA.

A General Discussion about the RAD Studio End User License Agreement

Introduction

Many Delphi, C++Builder, and RAD Studio customers ask questions and have concerns about the meaning of certain terms of the RAD Studio End User License Agreement. (EULA). By necessity, EULA’s are written by lawyers in “legalese”, and so they can at times be difficult to understand by a layman. The purpose of this article is to try to clear up a few of the common issues that arise when people read the RAD Studio EULA.

First, please note that this document is non-legally binding. It is not a contract. In no way is this document a replacement for the actual EULA. It is, however, designed to try to explain to you -- the CodeGear customer –the EULA for Delphi, C++Builder, and RAD Studio (hereafter referred to as "the product" or "our products"). It is not all-inclusive. That is, it does not discuss all parts of the EULA, but rather merely highlights specific, limited areas of the EULA.

If you have any doubt at all as to the meaning of the license, it is strongly suggested that you consult an attorney or contact the CodeGear legal department. Only executive officers of CodeGear and CodeGear legal counsel are able to make authoritative statements about the EULA. Other CodeGear employees are not able to make authoritative statements about the EULA or to otherwise amend the EULA.

This page does not discuss the EULAs for any other CodeGear products other than those listed above.

General Discussion

Ownership

When you buy one of our products, you are actually buying a license to use the product, not the product itself. You do not own the product, nor a copy of the product nor any part of the product. You only have the rights specifically granted to you in the EULA. CodeGear retains all copyrights to the entire product. (See Section 1 of the EULA for the specifics). CodeGear retains all other rights to the product.

In order to use the product, you must agree to the EULA. The EULA becomes a binding contract between you and CodeGear. This contract is enforceable in court. The license that you purchase is therefore subject to the terms of the EULA. You can’t use the product unless you agree to the EULA and thus enter into a contract with CodeGear

You can only enter into the agreement with us if you have purchased your license either directly from CodeGear or from a reseller that has been expressly authorized by us. It is not possible to buy a license from anyone other than CodeGear or an authorized CodeGear reseller. Please contact CodeGear directly if you have any questions about who is or is not an authorized reseller.

Transfer of the License

The RAD Studio license is generally considered non-transferable. CodeGear will not transfer a license from one user to another for any reason EXCEPT for the following two scenarios:

A license will be transferred from one member of a company to another member of a company as a result of the license being "abandoned" by a departing employee. For example:

Andrew works at ACME Company

Andrew registers the companies copy of Delphi to his account.

Andrew quits his job at ACME Company

ACME hires Bob to replace Andrew.

Under this circumstance, CodeGear will transfer the license from Andrew's account to Bill's account.

Licenses can be transferred if a company is purchased by another company, and the acquiring company takes ownership of the licenses. In such circumstances a fee may be charged.

All such requests need to be made in writing and approved by CodeGear. Requests for a license transfer should be made through our Customer Service department, who can provide transferring parties with all the necessary paperwork for affecting the transfer.

CodeGear will not transfer a license when:

The transfer occurs as a result of the sale of the license to a third-party

The transfer of older licenses from which the customer has upgraded.

Installing the product on multiple machines

The license authorizes you to install the product on a reasonable number of machines as long as you are the only person using the product, and as long as only one instance at a time is used. For example:

You can install the product on a machine at your office and a machine at home. You can use both copies of the product, but only one at a time

You cannot install the product on two laptops, and then use both of those copies at the same time.

You may not allow anyone else to use your copy of the product. For instance, you cannot purchase one copy of the product and allow two different developers to use the product at different times.

You may not, at any time, allow another user to install your copy of the product for his own use.

Older versions from which you have upgraded

When you upgrade an existing product, you are using the same license to upgrade. You may have two products, but you still only have one license. Therefore, you may not sell or otherwise transfer older products. You may continue to use the older products yourself (but again may not transfer to anyone else, including in your organization). This license pertains to all the copies of the product in your "upgrade train".

For example, you bought Delphi 5. You subsequently upgraded to every version including the current version. You may not sell or otherwise transfer your copy of Delphi 6 or Delphi 7, or any other version that is part of that upgrade track. You may, however, continue to have all of those versions installed on your computer and use them.

Who can enter into the license?

You can only enter into the EULA if you have purchased the product from CodeGear directly or from a reseller authorized by CodeGear to sell the product. This means that you may not enter into the license if you have purchased this product from any person or business not so authorized. For example, if you bought your copy of the product from eBay from a person who is not an authorized CodeGear reseller, you cannot use the product and you cannot be a party to the EULA.